Home Archive 2021 ISSUE № 4/2021 ON THE WITHDRAW OF PROSECUTION BY THE PUBLIC PROSECUTOR

ON THE WITHDRAW OF PROSECUTION BY THE PUBLIC PROSECUTOR

Български English

Author

Georgi Tushlekov

 

Annotation

The article focuses on the withdraw of prosecution by the public prosecutor. It is stated that in accordance with the Bulgarian legislation the statement of the prosecutor, that the criminal procedure should be discontinued or an acquittal verdict should be pronounced, is not binding for the Court. The author concludes that the public prosecutor must withdraw prosecution if he is convinced that the defendant is not guilty. It is stated that the public prosecutor must also withdraw the prosecution if he is unsure of the guilt of the defendant and it is impossible for him to gather more evidences in order to overcome the doubt. It is clarified that the public prosecutor must motivate his withdrawing statement.

 

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